Electronic Center of Excellence and Expertise

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Presentation transcript:

Electronic Center of Excellence and Expertise TRADE ENFORCEMENT September 2016

ELECTRONIC CEE: ENFORCEMENT OVERVIEW Electronic Center Enforcement Branch handles the industry risk for trademark, copyright, dumping evasion and patent infringement, as well as other industry enforcement issues. 

ELECTRONIC CEE: POC gmb.cee-enforcement-electronics@cbp.dhs.gov Cleveland, OH Field Office AOR: Chicago; Detroit JFK, NY New York; Buffalo; Boston; Baltimore Memphis, TN New Orleans; Atlanta, Tampa, Miami Los Angeles, CA Los Angeles; San Deigo Anchorage, AK Field Office AOR: Alaska; Seattle San Francisco, CA Field Office AOR: San Francisco, Portland Nogales, AZ Field Office AOR: Tucson, El Paso, Laredo, Houston

ELECTRONIC CEE: ENFORCEMENT TRADE INTELLIGENCE & BI-DIRECTIONAL MEETINGS: Partnership with Trade Community Engage and Educate Meetings with Industry Actionable intelligence

ELECTRONIC CEE: ENFORCEMENT FY15 INDUSTRY SEIZURE: STATS

ELECTRONIC CEE: ENFORCEMENT FY15 INDUSTRY MSRP VALUE: STATS

ELECTRONIC CEE: ENFORCEMENT FY15 EXCLUSION ORDER ENFORCEMENT: STATS

ELECTRONIC CEE: ENFORCEMENT COMPLIANCE: The three steps you can take to maximize your relationship with CBP are: e-Recordation e-Allegations Information sharing Helpful Tips

ELECTRONIC CEE: ENFORCEMENT INFORMATIONAL GUIDES/RESOURCES: Directives: www.cbp.gov/ipr Informed Compliance Publication Intellectual Property Rights Search (IPRS) The IPR Center: http://www.iprcenter.gov/referral Violations may also be reported by calling 1-866-IPR-2060

ELECTRONIC CEE: ENFORCEMENT CONTACTS: Our goal is to facilitate legitimate trade while enforcing our laws. If you have additional questions regarding intellectual property enforcement, please contact us in one of the following ways: IPR Help Desk: 562–980–3119, ext. 252 or by email at ipr.helpdesk@dhs.gov IPR and Restricted Merchandise Branch: 202–325–0020 or by email at hqiprbranch@dhs.gov IPR Policy and Programs: 202–863–6020 or by email at iprpolicyprograms@dhs.gov Electronic CEE Enforcement: gmb.cee-enforcement-electronics@cbp.dhs.gov

ELECTRONIC CEE: ENFORCEMENT EXAM: CBP officer examines a shipment (electronics) and if there are inconsistencies or has questions, its referred to the Electronics Center of Excellence and Expertise (eCEE). CBP officer will place the shipment on hold and issue a detention notice.

ELECTRONIC CEE: ENFORCEMENT DETENTION NOTICE: Detention period. CBP may detain any article of domestic or foreign manufacture imported into the United States that bears a mark suspected by CBP of being a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and is recorded with CBP pursuant to subpart A of this part. The detention will be for a period of up to 30 days from the date on which the merchandise is presented for examination. In accordance with 19 U.S.C. 1499(c), if, after the detention period, the article is not released, the article will be deemed excluded for the purposes of 19 U.S.C. 1514(a)(4).

ELECTRONIC CEE: ENFORCEMENT IMPORT SPECIALISTS: Examine and look at all provided documentation. If we can verify and authenticate goods, we have the shipment release. If we cannot make determination, we issue a NDAA letter to the importer. This gives the importer an opportunity to demonstrate the authenticity of the goods within seven days (excluding weekends and holidays). In no adequate evidence is provided during the seven days, we will reach out to the trademark holder. We will provide unredacted samples of the product, packaging, labels, and photographs of the suspected goods to assist with determination.

ELECTRONIC CEE: ENFORCEMENT NATIONAL DEFENSE AUTHORIZATION ACT:

ELECTRONIC CEE: ENFORCEMENT PROACTIVE COMPLIANCE: Research the company or distributor before you buy. Buy from authorized distributors. Provide invoices or proof of payment. Provide authorization letters or licenses at the time of importation. The more documentation, the merrier. Look up the trademark or copyright using the U.S. Customs and Border Protection Intellectual Property Rights Search Engine.